WASHINGTON STATE

 EXECUTIVE ETHICS BOARD

1110 Capitol Way S– 4th Floor Video Conference Room – Olympia, WA

 

July 9, 2010

Regular Meeting Minutes

 

 

A.   Preliminary Business

1.    Roll Call

The regular meeting of the Washington State Executive Ethics Board (EEB) was called to order by Chair Linnaea Jablonski at 9:02 a.m.  In attendance were Vice Chair Michael Connelly, Members Neil Gorrell, Martin Biegelman and Matthew Williams III.  Board staff in attendance included:  Executive Director Melanie de Leon, Senior Counsel Jerry Anderson, Administrative Officer Ruthann Bryant and Investigators Nancy Lewin and Sue Jones. 

 

2.    Approval of Agenda

 

Motion 10-020 Moved by Vice Chair Connelly, seconded by Member Biegelman:

 

The Board approves the July 9, 2010 agenda as presented.

 

The motion passed unanimously.

 

3.    Approval of the May 14, 2010 Meeting Minutes

        

Motion 10-021 Moved by Vice Chair Connelly, seconded by Member Biegelman:

 

The Board approves the May 14, 2010 minutes as presented.

 

The motion passed unanimously.

 

B.   Enforcement Matters

   Approval of Stipulated Facts, Conclusion and Order

EEB Case No. 2009-029 (Straight)

Nancy Lewin briefed the Board on the proposed stipulation and order in the matter of Grace Straight. Ms. Straight agreed that she violated RCW 42.52.160 when she sent an email to ten co-workers in which she encouraged the others to contact their state representatives to voice their objection to a proposed bill that would raise vehicle license fees. The stipulation proposes a penalty of $500 with $250 suspended.

         The Board deferred action until after closed session.

Executive Director Dismissals – EEB Case #2009-060 (Redal), EEB Case #2010-017 (Cowan), EEB Case #2010-041 (Walde) and EEB Case #2010-042 (Corliss)

            Melanie de Leon briefly summarized four Executive Director dismissals.

 

C.      Advisory Opinion Review

Melanie de Leon briefly summarized honorarium and use of state resources previously discussed at the May meeting.  She noted that there was no Legislative history regarding RCW 42.52.130,

 

Ms. Lewin also discussed Advisory Opinion 99-03, Outside Compensation/Collegiate Athletic Coaches.  She noted that the Board previously discussed the use of title within the opinion, now the question is regarding honorarium and clarification on a state employee’s “official role” which is not defined within the Ethics Act.

 

Ms. de Leon noted that the question was brought up when a public university requested review of a policy that previously allowed state employees to use state resources to prepare a speech or presentation for which they were going to receive honorarium.

 

The Board requested that staff draft and opinion for review at the September meeting.

 

D.    Staff Reports

1.  Executive Director’s Report

Melanie de Leon reported on the budget, noting that the agency is currently working through budget exercises and prioritization of duties. She also noted that a 4-day hearing is currently being scheduled for October and requested a date change for September from the 10th to the 17th.  The Board concurred.

 

Ms. de Leon also reported that Investigator Nancy Lewin has accepted a position with the Medicare Fraud Unit and would be leaving the Ethics Board within the month.  Ms. de Leon and the Board members congratulated Ms. Lewin, thanked her for the work she’s done for them and wished her well in her new position.

 

2.  AAG Report

No AAG reports were given.

 

3.  Other Staff Reports

No staff reports were given.

 

E.   Public Comment/Board Member Comment

No public comments or board member comments were expressed.

F.    Closed Session

At 9:55 a.m. Chair Jablonski noted there were no executive session items and the Board moved into Closed Session to deliberate on quasi-judicial matters. 

At 10:20 a.m. the Board returned to regular session.  The Board reported the following:

 

Motion 10-022 Moved by Vice Chair Connelly, seconded by Member Gorrell:

 

The Board accepts the Stipulated Facts, Conclusions and Order in EEB Case #09-029, Grace Straight, as presented.

 

The motion passed unanimously.

 

Motion 10-023 Moved by Vice Chair Connelly, seconded by Member Gorrell:

 

The Board finds reasonable cause in EEB Case #09-054, Jorge Gilbert.

 

The motion passed unanimously.

 

Motion 10-024 Moved by Vice Chair Connelly, seconded by Member Gorrell:

 

The Board issues a Final Order and Judgment in EEB Case #2008-122 and 2008-123, Gerald Hebert, imposing a civil penalty of $7,500.

 

The motion passed unanimously.

 

Motion 10-025 Moved by Member Gorrell, seconded by Member Williams:

 

The Board issues a Final Order and Judgment in EEB Case #2009-065, Kyle Gubbe, imposing a civil penalty of $17,000.

 

Voting For:  Chair Jablonski, Members Gorrell, Biegelman and Williams.

 

Not Voting:  Vice Chair Connelly.

 

The motion passed.

 

Motion 10-026 Moved by Vice Chair Connelly, seconded by Member Gorrell:

 

The Board dismisses EEB Case #09-027, Rob McKenna.

 

The motion passed unanimously.

 

G.   Performance Measure Discussion

Representative Miloscia attended the meeting.  He discussed possible performance metrics to provide to the legislature that would fulfill the requirement placed on the Board under the new budget legislation.

 

H.   Miscellaneous Matters/Adjournment

There being no miscellaneous matters, the meeting was adjourned at 11:40 a.m.

 

Approved by the Board 9/17/10